Andrew S. Berman

Andrew S. Berman a Senior Partner in the firm was born in New York, New York. He received his Bachelor of Arts degree from Brandeis University in 1980 and his Juris Doctor from the University of Miami, graduating cum laude in 1983.

Mr. Berman is a Board Certified Appellate Practice Lawyer by the Florida Bar Board of Legal Specialization and Education.

Representative Cases

Healthcare and Business Litigation

  • Defended AMC Entertainment in a large breach of contract & tort action involving MovieTickets.com. Help secure multiple summary judgments that led to settlement.
  • Successfully defeated $25 million breach of contract, fraud and breach of fiduciary duty claim brought by large management services organization (MSO) against PCA Health Plan, Inc. In same case secured dissolution of temporary injunction enjoining draw down of $12 million letter of credit hours before its expiration. Resolved counterclaim for conversion and civil theft in favor of client for $17.6 million.
  • Successfully defeated class action against Humana Medical Plan, Inc. for commissions allegedly owed to insurance agents.
  • Defended Humana Medical Plan, Inc. in state court putative class action for damages for breach of prompt pay statute and breach of third party beneficiary contract. Represented client all the way to and in Florida Supreme Court. Secured federal All Writs Act injunction to enjoin state court proceeding as a class (later voluntarily vacated in view of new Supreme Court case).
  • Represented Humana Medical Plan, Inc. in federal lawsuit arising from failed merger and acquisition of another health plan. Defeated key claims by summary judgment which propelled settlement of matter.
  • Represented consortium of health care companies in complex arbitration over purchase price to be paid for their health plan. Favorable settlement achieved.
  • Handled scores of provider/health plan disputes in state and federal court.
  • Successfully represented large health plan in defeating effort by large management services organization to enjoin termination of its contract in Orlando.
  • Successfully defended health plan’s contract award by large public employer in bid protest case.
  • Successfully prosecuted and defended injunction actions in variety of cases involving covenants not to compete and misappropriation of trade secrets.

Appellate Practice

  • Handled over 170 appeals and related appellate matters in state and federal court. Argued cases in First, Second, Third and Fourth District Courts of Appeal, Florida Supreme Court and Eleventh Circuit Court of Appeals.

Appellate Cases

The following are representative appellate cases that Young, Berman, Karpf & Gonzalez, P.A. has handled:

  • Murley v Wiedamann, 25 So. 3d 27 (Enforcement of Prenuptial Agreement re Stock Options)
  • Foundation Health v. Westside EKG Assn, 944 So. 2d 188 (Fla. 2006) (private right of action under HMO Act)
  • Young v. Hector, 740 So 2d 1153, Fla. 3d DCA (en banc) (1998) (Celebrated child custody case between lawyer/mother and architect/stay-at-home father; obtained reversal of panel decision by entire court).
  • Agency for Health Care Admin. v. PCA Family Health Plans, Inc., 695 So 2d 737 (Fla. 1st DCA 1996): Affirmed denial of public access to client records.
  • Woodward v. Berkery, 714 So.2d 1027 (Fla. 4th DCA 1998) (Tom Jones case).
  • Lamet v. United National Bank, 1996 WL 47697 (Fla 3d. DCA 1996): Reversed multi-million dollar civil theft judgment and obtained award of fees against plaintiff
  • Ginsberg v. Lennar Fla. Holdings, Inc., 645 So. 2d (Fla. 3DCA 1994) (economic loss rule,civil theft, waste)
  • Tabet v. Tabet, 644 So. 2d 557 (Fla. 3d DCA 1994) (Jurisdiction and collection on foreign judgments).
  • Miller v. Schou, 616 So. 2d 436 (Fla. 1993) (Established standard for increasing child support based upon good fortune).
  • Luskin v. Luskin, 616 So. 2d 559 (Fla. 4th DCA 1993) (Civil theft, fraudulent conveyances, proceedings supplementary).
  • HMG/Courtland v. Grove Isle Associates, 589 So. 2d 1021 (Fla. 3d DCA 1991) (Complex limited partnership dispute).
  • Schiffman v. Dept. Prof. Regulation, 581 So. 2d 1375 (Fla. 1st DCA 1991) (Professional license revocation).
  • Rubin S. Williams Bail Bonds and Bankers Ins. Co. v. State, 493 So. 2d 1065 (Fla. 1st DCA 1986) (Bond estreatures).

Probate Litigation

  • Successfully handled complex litigation of estates worth tens of millions of dollars involving will contests, forgeries and elective share issues.

Professional Responsibility

  • Successfully overturned emergency suspension of prominent attorney by Florida Supreme Court within 30 days of suspension order. Reinstatement saved lawyer’s lucrative practice.
  • Successfully represented scores of applicants before Florida Board of Bar Examiners
  • Obtained mandamus from Supreme Court against Florida Board of Bar Examiners compelling it to consider former lawyer’s application for re-admission despite suspension in other jurisdiction; applicant subsequently readmitted in Florida.
  • Defended and defends clients in many high profile Bar disciplinary cases.
  • Testified as expert witness on legal ethics issues involving conflicts of interest, law firm breakups and departures, fee splits and attorneys’ fees.

Lectures

  • *Staying Out of Trouble: How to Avoid Bar Grievances," ABA Conference, Family Law Section, May, 2016
  • "The Tangled Web of Ethics, Advertising, Websites and Social Media," Florida Bar Family Law Section Webinar, September, 2013
  • "Legal Ethics," American Academy of Matrimonial Lawyers, FL Chapter, 28th Annual Institute, May, 2006
  • "Ethics & Professionalism in Litigation," Dade County Defense Bar Association, February, 2004
  • Masters Seminar of Professional Ethics, Florida Bar CLE, 2003
  • "Ethical Compliance in a Multi-State Practice; Avoiding the Abyss," Florida Bar Out of State Practitioners Division, June, 2002
  • "Ethics Issues for Multi-state Practitioners," Florida Bar Out of State Practitioners Division, June, 2001
  • "Preservation of Issues for Appellate Review," Florida Bar Continuing Legal Education Committee, 1999
  • "Oversight or Invasion...Who's In Charge?" (balancing a lawyer's duty and judgment regarding carriers and clients)
  • Association of Professional Responsibility Lawyers, August 1999, Atlanta; "What Happens When Lawyers Get Together" (ethics and liabilities when lawyers associate)

Recognitions

  • Nationally recognized by Naifeh & Smith's "The Best Lawyers in America," Seaview Putnam (2006 - 2015)
  • Named in Florida Super Lawyers (2006-2015)
  • AV rated by Martindale-Hubbell
  • Listed in the Bar Register of Preeminent Lawyers
  • Named Top Lawyer in Appellate, Corporate and, Business Litigation by South Florida Legal Guide (2013-2015)
  • Mr. Berman has been distinguished through peer review as having attained the highest level of legal ability and professional standards of conduct, ethics, reliability and diligence.

Memberships

  • The Florida Bar (Member, Committees on: Appellate Court Rules, 1993-2002, 2006–2012; Professional Ethics, 1996-2004, 2012-present, (Vice-Chair, 1997-1998,  2014-2015); Ethics 2000 Review Panel, Special Committee to Review the ABA Model Rules, 2001; Professionalism, 2004– 2006, Ancillary Business Special Committee, 2003-2005)
  • Dade County and American (Member, Litigation Section) Bar Associations
  • Spellman/Hoeveler American Inns of Court (Vice President/Treasurer, 1996-2001; President, 2002-2004)
  • Association of Professional Responsibility Lawyers (Director, 1998-2000)
  • ABA Center for Professional Responsibility (Founding member)

Interviews/Quotes